What's The Difference Between Murder & Manslaughter?

The distinction between murder and manslaughter can often get confused and the two carry very different characteristics in the eyes of the law. When someone dies as a result of murder, it can lead to a lengthy and complicated criminal court case where murders are defined under multiple categories. 

These circumstances help to influence the overall consequences for the accused. So, what is the difference between murder and manslaughter? Well, if you want the answer to that question, you’ve come to the right place. At What The Law, our primary interest is ensuring that you have all the information you need regarding all aspects of criminal law. 

That’s why we’ve compiled this comprehensive guide to the difference between murder and manslaughter to help you understand the ins and outs of this type of criminal law. 

Today, we’ll be discussing murder and manslaughter charges in Ontario, criminal negligence and where you can find a criminal lawyer.

Murder Charges In Ontario

Murder is one of the most serious crimes someone can commit in the eyes of Canada’s Criminal Code, meaning that it carries some of the most damning consequences for the accused. However, it's easy to group all crimes that result in death under the ‘murder’ umbrella, whereas the reality is far more complicated. There are three categories in which murder relates to, murder in the first degree, second-degree murder and manslaughter. 

First-degree murder refers to a homicide that the accused carries out after planning it - this means that the resulting death was deliberate and is sometimes known as a ‘contract killing’. The typical sentence for a first-degree murder charge includes an automatic life sentence. Unlike other charges, first-degree murder charges do not permit the possibility of parole after 25 years. 

Second-Degree Murder Charges In Ontario

Second-degree murder typically refers to a deliberate killing that is a result of no prior planning.

This crime carries a slightly more lenient sentence, with minimum sentences standing at life in prison with no parole before 10 years.

 However, judges reserve the right to extend this to the maximum 25-year mark depending on the conditions of the murder and other crimes associated with the accused. 

Manslaughter Charges In Ontario

Manslaughter, while still a very serious crime, differs significantly from murders in the first or second degree. Manslaughter refers to a killing committed without the accused’s intent, regardless of whether they intended to cause harm in the first place. One type of manslaughter is known as the ‘Unlawful Act’. 

This is when the accused commits a crime that results in the unintentional death of another person such as a bystander. For example, someone may be guilty of an unlawful act if they throw a medium to large-sized item off a building that strikes a pedestrian killing them. 

Depending on the type of manslaughter, the sentences may differ. 

Criminal Negligence Causing Death

Criminal negligence is another type of manslaughter that refers to the unintentional killing of someone due to a disregard for human life. The act that the accused commits is required to demonstrate reckless disregard but is deemed to be legal.

In this case, the accused should have foreseen the effects of their actions before they committed the act. Common examples of criminal negligence include medical negligence or death due to dangerous working conditions. 

Sentences for criminal negligence are the same for unlawful act manslaughter but may differ depending on the circumstances. 

Hire A Professional Criminal Lawyer in Richmond Hill Today!

If you require a professional criminal lawyer in the Richmond Hill area, contact What The Law today. Our team of professional lawyers can assist you with an array of defensive services, from assault to murder. We can help you with all of the charges we’ve mentioned today, no matter the circumstances. Contact us now to see how we can help you.